CWZ18 v Minister for Home Affairs [2020] FCA 41

FEDERAL COURT OF AUSTRALIA

CWZ18 v Minister for Home Affairs [2020] FCA 41 Appeal from: CWZ18 v Minister for Home Affairs & Anor [2018] FCCA 3193

File number: NSD 2143 of 2018

Judge: CHARLESWORTH J

Date of judgment: 3 February 2020

Catchwords: MIGRATION – appeal from an order dismissing an application for judicial review of a decision of the Immigration Assessment Authority – Authority affirming decision not to grant the appellant a protection visa – whether Authority failed to consider the exercise of its discretionary power to invite further submissions from the appellant about the authenticity of documents provided by the appellant in support of his claims – whether Authority affirmed the decision on review by reference to a different issue to that which the original decision-maker found dispositive – whether Authority in fact failed to consider the exercise of its discretion – whether any such failure legally unreasonable – question of genuineness of documents not giving rise to a new issue – no jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 46A, 65, 425, 473CA, 473CB, 473CD, 473DB, 473DC, 473DD, 473EA, Pts 7, 7AA Migration Regulations 1994 (Cth)

Cases cited: BMB16 v Minister for Immigration and Border Protection (2017) 253 FCR 448 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CWZ18 v Minister for Home Affairs & Anor [2018] FCCA 3193 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152